Book of Hudud

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 89. Book of Hudud

I. The hudud about which one should be careful. Illicit sex and drinking wine.

Ibn 'Abbas said, "The light of faith is removed from someone during fornication."

6390. Abu Bakr ibn 'Abdu'r-Rahman related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A fornicator does not commit fornication while he is a believer, and someone who drinks does not drink wine while he is a believer, and someone who steals does not steal while he is a believer. Someone who robs, while people raise their eyes to look at him doing that is not a believer when he robs."

The like of it is related by Sa'id ibn al-Musayyab and Abu Salama from Abu Hurayra £ from the Prophet, may Allah bless him and grant him peace, without robbery.

II. What has come about beating someone who drinks wine

6391. Qatada related from Anas ibn Malik that the Prophet, may Allah bless him and grant him peace, beat people with palm stalks and sandals for drinking and Abu Bakr gave forty lashes.

III. The one who ordered the hadd punishment be inflicted at home

6392. Ibn Abi Mulayka related that 'Uqba ibn al-Harith said, "An-Nu'man, or the son of an-Nu'man, was brought on account of drinking and the Prophet,may Allah bless him and grant him peace, commanded that they beat him in the house. They beat him, and I was one of those who beat him with sandals."

IV. Beating with palm stalks and sandals

6393. 'Abdullah ibn Abi Mulayka related from 'Uqba ibn al-Harith that the Prophet, may Allah bless him and grant him peace, was brought Nu'aym or the son of Nu'aym who was drunk. That was hard on him and he commanded those in the house to beat him. They beat him with stalks and sandals. I was one of those who beat him."

6394. Qatada related that Anas said, "The Prophet, may Allah bless him and grant him peace, flogged people for wine with palm stalks and sandals, and Abu Bakr gave forty lashes."

6395. Abu Usama related that Abu Hurayra said, "A man who had drunk wine was brought to the Prophet, may Allah bless him and grant him peace, who said, 'Beat him.'' Abu Hurayra said, "Some of us hit with our hands and some with their garments. When it was over, some people said, 'May Allah disgrace you!' The Prophet said, 'No! Do not say that. Do not help Shaytan against him.'"

6396. 'Umayr ibn Sa'id an-Nakha'i was heard to say, "I heard 'Ali ibn Abi Talib say, 'I do not feel any sorrow for someone who dies on account of receiving a hadd punishment except the one who drinks. If he dies, I will pay his blood money. That is because Allah did not make that a sunna."'"

6397. Yazid ibn Khusayfa related that as-Sa'ib ibn Yazid said, "In the time of the Messenger of Allah, may Allah bless him and grant him peace, the rule of Abu Bakr and the beginning of the khalifate of 'Umar, when we were brought someone who had drink, we would go to him with our hands, sandals and cloak. At the end of the rule of 'Umar, he inflicted forty lashes and when people became impudent, and impious, he gave eighty lashes.

V. What is disliked of cursing someone who drinks wines and the fact that he has not left the religion

6398. Aslam related from 'Umar ibn al-Khattab that in the time of the Prophet, may Allah bless him and grant him peace, there was a man named 'Abdullah who was called "the Donkey" and who used to make the Messenger of Allah, may Allah bless him and grant him peace, laugh. The Prophet, may Allah bless him and grant him peace, flogged him for drinking. One day he was brought and he commanded that he be lashed. A man among the people said, 'O Allah, curse him! How often he is brought on account of it!' The Prophet, may Allah bless him and grant him peace, said, 'Do not curse him. By Allah, I only know that he loves Allah and His Messenger.'"

6399. Abu Salama related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, was brought a man who was drunk and ordered that he be beaten. Some of us beat him with their hands, some beat him with their sandals, and some beat him with their garments. When he left, a man said, 'What is the matter with him? May Allah disgrace him!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do not help Shaytan against your brother.'"

VI. The thief when he steals

6400. 'Ikrima related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "The fornicator does not commit fornication while he is a believer. The one who steals does not steal while he is a believer."

VII. Cursing the thief when he is not named

6401. Abu Salih was heard to relate from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Allah curses a thief who steals an egg and has his hand cut off, or steals a rope and has his hand cut off."

Al-A'mash said, "They relate 'egg' to mean an iron helmet and they used to think that the 'rope' may have cost a number of dirhams [so that it reaches the minimun]."

VIII. The Hudud  punishments are expiation

6402. Abu Idris al-Khawlani related that 'Ubada ibn as-Samit said, "We were with the Prophet, may Allah bless him and grant him peace, in a gathering. He said, 'Give me allegiance on the basis that you will not associate anything with Allah, will not steal, and will not commit illicit sexual intercourse.'" Then he recited all of this ayat. 'If any of you fulfils it, his reward is up to Allah. If anyone does something of that and is punished for it. that is its expiation. If someone does something of that, and Allah veils him, then if Allah wishes, He can forgive him. If He wishes, He will punish him.'"

IX. The back of a believer is safe except on account of a hadd punishment or a right he owes

6403. It is related that 'Abdullah said, "In the Farewell Hajj, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Do you know which month is the most sacred?' They answered, 'This month of ours.' He asked, 'Do you know which land is the most sacred?' They answered, 'This land of ours.' He asked, 'Do you know which day is the most sacred?' He answered, 'This day of ours,' He said, 'Allah Almighty has made your blood, your property and your honour except by a right, just like the sacredness of this day in this place in this month. Have I do not conveyed?' three times, They answered each time saying, 'Yes.' He said, 'Mercy be on you (or woe to you) Do not revert to unbelievers after me by striking the necks of one another.'"

X. Carrying out hudud punishments and seeking revenge for violation of the sacred things of Allah

6404. 'Urwa related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, was not given a choice between two matters but that he chose the easier of them as long as it was not a sin. If it was a sin, he was the furthest of people from it. By Allah, he never took revenge for himself unless the sacred things of Allah were violated and then he took revenge for Allah."

XI. Carrying out the hudud on both the noble and weak

6405. 'Urwa related from 'A'isha that Usama spoke to the Prophet, may Allah bless him and grant him peace, on behalf of a woman and he said, "Those before you were destroyed because they used to carry out the hadd punishment on the weak and did not carry it out on the noble. By the One who has my soul in His hand, if Fatima were to do that, I would cut off her hand."

XII. It is dislikes to interceded in the case of a hadd punishment when it has already  been presented to the ruler

6406. 'Urwa related from 'A'isha that Quraysh were concerned with the case of a Makhzumi woman who had stolen something and they said, "Who will speak to the Messenger of Allah, may Allah bless him and grant him peace, about her?" They said, "Who is bold enough to do it except Usama ibn Zayd, the beloved of the Messenger of Allah, may Allah bless him and grant him peace?" Usama spoke to him and the Messenger of Allah, may Allah bless him and grant him peace, said, "How can you intercede when it is a case of one of the legal punishments of Allah Almighty?" Then he stood up and spoke and said, "Those before you were destroyed because when a noble among them stole, they let him be, but when the weak among them stole, they carried out the legal punishment on them. By Allah, if Fatima the daughter of Muhammad were to steal, Muhammad would cut off her hand."

XIII. The words of Allah, "The thief, male or female, cut off his or her hand." (5:38) That for which the hand is cut off

'Ali cut off the hand at the wrist.

Qatada said about a woman who stole and whose left hand had been cut off, "There is nothing more than that." [i.e. the right hand is not cut off.]

6407. 'Amra related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "The hand is cut off for stealing something worth a quarter of a dinar or more."

'Abdu'r-Rahman ibn Khalid, the nephew of az-Zuhri, and Ma'mar from az-Zuhri.

'Urwa ibn az-Zubayr and 'Amra related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "The hand of a thief is cut off for stealing a quarter of a dinar."

'Amra bint 'Abdu'r-Rahman related from 'A'isha that the Prophet, may Allah bless him and grant him peace, said, "The hand is cut off for stealing a quarter of a dinar."

6408. 'Urwa related that 'A'isha told him that the hand of a thief was not cut off in the time of the Prophet, may Allah bless him and grant him peace, except for the value of a shield, whether a hajafa or turs.

[A hajafa is a shield made of wood or bone and covered in skin. A turs has skin on both sides.]

Another isnad from 'Urwa from 'A'isha.

6409. 'Urwa related that 'A'isha said, "The hand of a thief is not cut off for less than a hajafa or turs, each of which had a price."

Another mursal transmission from 'Urwa.

6410. 'Urwa related that 'A'isha said, "In the time of the Prophet, may Allah bless him and grant him peace, the hand of a thief was not cut off for less than the price of a shield, whether a hajafa or a turs. Each of them had a price.'"

6411. Nafi', the client of 'Abdullah ibn 'Umar, related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand for a shield worth three dirhams.

Muhammad ibn Ishaq corroborated it. Al-Layth said that Nafi' related its price.

6412. Nafi' related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, cut off the hand for a shield whose price three dinars.

Nafi' related that 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, cut off the hand of a thief for a shield whose price was three dirhams."

6413. Nafi' related that 'Abdullah ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, cut off the hand of a thief for a shield which was worth three dirhams."

6414. Abu Salih related that he heard Abu Hurayra say that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah curses the thief who steals a helmet and has his hand cut off and steals a rope and has his hand cut off."

XIV. The repentance of the thief

6415. 'Urwa related from 'A'isha that the Prophet, may Allah bless him and grant him peace, cut off the hand of a woman. 'A'isha said, "She used to come after that and I would convey what she needed to the Prophet, may Allah bless him and grant him peace. She repented and her repentance was true."

6416. Abu Idris related that 'Ubada ibn as-Samit said, "I gave allegiance to the Messenger of Allah, may Allah bless him and grant him peace, in a group. He said, 'Give homage to me based on not associating anything with Allah, not stealing, not committing adultery, not killing your children, not making a false accusation of adultery which you forge yourselves and not being disobedient regarding anything good. Any among you who fulfil this will be rewarded by Allah. Any who fall short regarding any of these things and are punished in this world, that will be an expiation for them. Whoever falls short regarding any of these things and Allah conceals it, then it will be up to Allah. If He wishes, He will pardon him, and if He wishes, He will punish him."

Abu 'Abdullah said, "When a thief repents after his hand has been cut off, his testimony is accepted. That is the same if anyone who has received a hadd punishment: if he repents, his testimony is accepted."